THE SUPREME COURT OF TEXAS

CITY OF SAN ANTONIO v. CHARLES POLLOCK AND TRACY POLLOCK, INDIVIDUALLY AND AS NEXT FRIENDS OF SARAH JANE POLLOCK, A MINOR CHILD; from Bexar County; 4th district (04‑03‑00403‑CV, 155 SW3d 322, 08‑18‑04)

The Court reverses the court of appeals' judgment and renders judgment.

Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Johnson, and Justice Willett joined, and in all but Part II-C of which Justice Brister joined.

Justice Medina delivered a dissenting opinion, in which Justice O'Neill joined.

(Justice Green not sitting)

HARRIS COUNTY HOSPITAL DISTRICT v. TOMBALL REGIONAL HOSPITAL; from Harris County; 14th district (14‑04‑00263‑CV, 178 SW3d 244, 07‑28‑05)

The Court reverses the court of appeals' judgment and dismisses the case.

Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina, and Justice Green joined.

Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill, Justice Brister, and Justice Willett joined.

THE CITY OF EL PASO, ET AL. v. LILLI M. HEINRICH; from El Paso County; 8th district (08‑05‑00203‑CV, 198 SW3d 400, 07‑20‑06)

The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Chief Justice Jefferson delivered the opinion of the Court.

RAOUL HAGEN v. DORIS J. HAGEN; from Bexar County; 4th district (04‑06‑00705‑CV, ___ SW3d ___, 08‑01‑07)

The Court reverses the court of appeals' judgment and affirms the trial court's judgment.

Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, and Justice Willett joined.

Justice Brister delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined.

DENTON COUNTY, TEXAS v. DIANNE BEYNON AND ROGER BEYNON, INDIVIDUALLY, ET AL.; from Denton County; 2nd district (02‑07‑00066‑CV, 242 SW3d 169, 11‑29‑07)

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and dismisses the case.

Justice Willett delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Brister, Justice Green, and Justice Johnson joined.

Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County; 7th district (07‑07‑00042‑CV, 262 SW3d 7, 02‑25‑08)

The Court modifies the court of appeals' judgment, affirms the judgment as modified, and remands the case to the trial court.

Justice Medina delivered the opinion of the Court.

Justice Willett delivered a concurring opinion.

MICHAEL LOU GARRETT v. JACK M. BORDEN, ET AL.; from Potter County; 7th district (07‑07‑00163‑CV, ___ SW3d ___, 05‑29‑08)

Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.

Per Curiam Opinion

THOMAS GRABER AND HOPKINS & SUTTER v. RICHARD L. FUQUA; from Hidalgo County; 13th district (13‑03‑00135‑CV, 158 SW3d 635, 03‑03‑05)

PINE OAK BUILDERS, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Harris County; 14th district (14‑05‑00487‑CV, ___ SW3d ___, 07‑06‑06)
motion to take judicial notice denied

IN RE LABATT FOOD SERVICE, L.P.; from Bexar County; 4th district (04‑07‑00312‑CV, ___ SW3d ___, 05‑16‑07)

IN THE INTEREST OF B.G., C.W., E.W., B.B.W. AND J.W., CHILDREN; from Angelina County; 12th district (12‑06‑00295‑CV, ___ SW3d ___, 09‑17‑07)

[Note: The date and time for oral argument are yet to be determined.]

TEXAS LOTTERY COMMISSION v. FIRST STATE BANK OF DEQUEEN; STONE STREET CAPITAL, INC.; AND CLETIUS L. IRVAN; from Travis County; 3rd district (03‑07‑00249‑CV, 254 SW3d 677, 05‑16‑08)
abatement order issued

[Note: Effective as of February 4, 2009, the case is abated pursuant to Tex. R. App. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion. Tex. R. App. P. 8.3. All motions and other documents pending or filed are abated subject to being reurged in the event the case is reinstated. Tex. R. App. P. 8.2 and 8.3. It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.]

MARK WHITEAKER v. CITY OF ROUND ROCK AND ROUND ROCK FIRE CHIEF LARRY HODGE; from Travis County; 3rd district (03‑07‑00009‑CV, 241 SW3d 609, 11‑16‑07)

JOANN DURAN CAMARILLO v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Tom Green County; 3rd district (03‑07‑00314‑CV, ___ SW3d ___, 02‑15‑08)

MICHAEL GIBNEY, INDIVIDUALLY AND ON BEHALF OF MICRO-BLEND, INC. v. ROY CULVER, JR., CULVER INTERESTS AND ANA-TECH, INC.; from San Patricio County; 13th district (13‑06‑00112‑CV, ___ SW3d ___, 04‑24‑08)

MICHAEL GREEN v. TRIAD REALTY SERVICES, LTD., ET AL.; from Dallas County; 5th district (05‑07‑01631‑CV, ___ SW3d ___, 10‑30‑08)

SAN MARCOS RIVER FOUNDATION v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, GUADALUPE-BLANCO RIVER AUTHORITY, SAN ANTONIO RIVER AUTHORITY AND SAN ANTONIO WATER SYSTEM; from Travis County; 13th district (13‑06‑00326‑CV, 267 SW3d 356, 07‑31‑08)

PROGRESSIVE CHILD CARE SYSTEMS, INC., KARRY L. DUNN AND HEATHER DUNN v. KIDS "R" KIDS INTERNATIONAL, INC. AND PATRICK D. VINSON; from Denton County; 2nd district (02‑07‑00127‑CV, ___ SW3d ___, 11‑06‑08)

CITY OF DALLAS v. DORA SAUCEDO-FALLS, ET AL.; from Dallas County; 5th district (05‑08‑00029‑CV, 268 SW3d 653, 08‑18‑08)

MANDELL RHODES, JR. v. JAMES POLAND, ET AL.; from Anderson County; 12th district (12‑08‑00060‑CV, ___ SW3d ___, 10‑08‑08)

DIANA FITE, M.D. AND PATRICK WOODS, M.D. v. EMTEL, INC. AND JOSEPH DEGIOANNI, M.D.; from Harris County; 1st district (01‑07‑00273‑CV, ___ SW3d ___, 10‑02‑08)

ENGLISH MARINE AGENCY, INC. v. BORDER SHIPYARDS, INC., ET AL.; from Cameron County; 13th district (13‑07‑00149‑CV, ___ SW3d ___, 11‑25‑08)

THOMAS WILSON A/K/A THOMAS MARVIN WILSON, INDIVIDUALLY v. THE STATE OF TEXAS, THE CITY OF DALLAS AND THE TRANSIT AUTHORITY OF DALLAS, TEXAS; from Travis County; 3rd district (03‑07‑00444‑CV, 272 SW3d 686, 11‑21‑08)

NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED AND NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION v. BLAKE'S BAR-B-QUE, INC.; from Harris County; 1st district (01‑06‑01106‑CV, ___ SW3d ___, 03‑06‑08)

ROLAND D. FORTENBERRY, JR., A/K/A DALE FORTENBERRY, JR. AND KAYE ANN FORTENBERRY v. GERALD R. CAVANAUGH, JR. AND DIANNA CAVANAUGH, INDIVIDUALLY AND AS SHAREHOLDERS IN THE RIGHT OF FORTUNE PRODUCTS, INC., A TEXAS CORPORATION, AND INTERVENOR, BURL HARPER, AS RECEIVER OF FORTUNE PRODUCTS, INC.; from Burnet County; 3rd district (03‑07‑00310‑CV, ___ SW3d ___, 11‑26‑08)

SHANE WATSON v. SHIRLEY NEWMAN AND JILL WATKINS; from Potter County; 7th district (07‑08‑00203‑CV, ___ SW3d ___, 11‑21‑08)

DENNIS VERNER v. PATTERSON UTI ENERGY, INC., PATTERSON UTI DRILLING COMPANY, PATTERSON UTI DRILLING COMPANY WEST; from Midland County; 11th district (11‑07‑00370‑CV, ___ SW3d ___, 10‑09‑08)

IN THE INTEREST OF J.R.S., J.L.S. AND B.L.N.S., CHILDREN; from Young County; 2nd district (02‑08‑00034‑CV, ___ SW3d ___, 02‑05‑09)

The Court strikes the petition for review with the following notation: "The petition violates Texas Rules of Appellate Procedure 9.4(f) and 9.8(b)(1)(A) and (C) and is struck. Petitioner is ordered to redraw; the redrawn petition is due to be filed by May 11, 2009."

IN THE INTEREST OF R.S., A CHILD; from Harris County; 14th district (14‑08‑00598‑CV, ___ SW3d ___, 08‑28‑08)

TEXAS PARKS AND WILDLIFE DEPARTMENT v. THE SAWYER TRUST; from Donley County; 7th district (07‑06‑00487‑CV, ___ SW3d ___, 08‑22‑07)
denial of petition for review on November 14, 2008, withdrawn

[Note: The petition for review remains pending before this Court.]

CARL ALLEN, ET AL. v. COUNTY OF DALLAS, ET AL.; from Dallas County; 5th district (05‑07‑01073‑CV, ___ SW3d ___, 07‑11‑08)

LUIS S. LAGAITE, JR. v. BRAD LIVINGSTON, ET AL.; from Travis County; 3rd district (03‑07‑00067‑CV, ___ SW3d ___, 08‑27‑08)

IN RE MARY LOUISE WATKINS, M.D.; from Cameron County; 13th district (13‑05‑00765‑CV&13‑06‑00080‑CV, 192 SW3d 672, 05‑04‑06)

The concurring opinion by Justice Johnson issued January 23, 2009 is withdrawn and the concurring opinion issued this date is substituted. The remaining opinions, issued January 23, 2009, remain in place.

IN RE MR. G. JACKSON

IN RE DONNA MURRAY; from Navarro County; 10th district (10‑08‑00259‑CV, 268 SW3d 279, 11‑05‑08)

IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; 4th district (04‑08‑00736‑CV, ___ SW3d ___, 10‑29‑08)

IN RE HA T.N. FRASIER; from Tarrant County; 2nd district (02‑08‑00439‑CV, ___ SW3d ___, 12‑02‑08)
as redrafted

IN RE NACHO JIMENEZ; from Maverick County; 4th district (04‑09‑00111‑CV, ___ SW3d ___, 02‑25‑09)
motion for temporary relief denied

IN RE KENNETH RAY BROWN; from Harris County; 10th district (10‑83‑00095‑CR, ___ SW3d ___, 01‑21‑88)
motion for summary judgment denied
motion to strike judgment order denied

IN RE BOWNE & CO.; from Dallas County; 5th district (05‑09‑00283‑CV, ___ SW3d ___, 04‑08‑09)

The Court strikes the petition for writ of mandamus with the following notation: "The petition violates Texas Rules of Appellate Procedure 52.6 and is struck."